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Wednesday, January 18, 2012

Alleged Infringement of orders (RTI)

Alleged Infringement of orders issued by the ministry of communication & IT by the higher authorities : Shri A D Gaikwad
APPLICATION SEEKING INFORMATION UNDER THE RTI ACT-2005 
To
The CPIO,
O/o The Director General (SPG) Department of Post,
Dak Bhavan, New Delhi-110001

1    NAME AND ADDRESS OF THE APPLICANT
Shri. A D Gaikwad,
President (Divisional), AIPEU, Group “C” Solapur division & P A Head Post Office, Solapur-413001

2.   DESCRIPTION OF INFORMATION BEING SOUGHT

2.1  Shri. B P Kamble was appointed provisionally limited to one year on the vacant post of the Sr. Suptd. Of Post Office, Solapur by the circle office, Maharashtra Circle, Mumbai vide memo No. STA/6-1/9/2009 dated 10.12.2009 subject to the approval from the Directorate Department of Post New Delhi-110001.

2.2  Once again the same person i.e. Shri. B P Kamble was provisionally appointed limited to one year on the vacant post of the Sr. Suptd. Of Post Office, Solapur by the circle office, Maharashtra Circle, Mumbai vide memo No. STA/6-1/9/2010 dated 16.11.2010 subject to the approval from the Directorate Department of Post New Delhi-110001. This order is still in existence beyond one year.

2.3  As laid down in clause 2 (iv) in the Ministry of Communication & IT, Department of Post OM No. F.137-99/2009-SPB-II dated 23rd December, 2009 It was obligatory for the authority of the Circle office Mumbai to issue order beyond one year in respect of Shri. B P Kamble corroborated with the approval of the Directorate, Department of Personnel & Training but it seems to be not done so because this order has issued again provisionally subject to the approval from the Directorate, Department of Post New Delhi-110001.

2.4  As per Section 13 (1) (d) (ii) of the prevention of corruption Act-1947 a public servant said to commit the offence of criminal misconduct if he, by abusing his position as a public servant for gains of pecuniary advantage for himself or facilitates any other person.
         
2.5  As the Circle Office, Maharashtra Circle, Mumbai vide memo dated 16.11.2010 has hastily issued ad-hoc appointment of Shri. B P Kamble prior to approval of DOPT, relying on anticipated approval from the Director General (SPG) Department of Post, Dak Bhavan, New Delhi-110001 therefore there is preponderance of probability about corruption or criminal misconduct of the public servant, who has been facilitated pecuniary advantage to Shri. B P Kamble for the extended period beyond one year for Pay & allowance of higher grade pay & anticipated succeeding pensioners benefit.

2.6  The basic object of the RTI Act-2005 is to empower the citizen, promote transparency and accountability in the working of the Government, contain corruption and make democracy work for the people in real sense. As such it will be pertinent to get following information concerning the matter narrated above. Supply me the information sought by me in respect of point No 3.1, 3.2 & 3.3 as follows.

3.   SPECIFIC INFORMATION BEING SOUGHT

3.1  Supply me the copy of memo of approval if accorded by the Directorate, Department of Post New Delhi confirming the memo issued by the circle Office, Maharashtra Circle, Mumbai vide No. STA/6-1/9/2009 dated 10.12.2009.

3.2  Supply me the copy of memo of approval if accorded by the Directorate, Department of Post New Delhi confirming the memo issued by the circle Office, Maharashtra Circle, Mumbai vide No. STA/6-1/9/2010 dated 16.11.2010 

3.3  In the absence of approval of the Department of Personnel & Training it will be obvious to state that all the powers including disciplinary action delegated to the post of the Sr. Suptd. Of Post Office, Solapur by the rule has automatically deemed to be ceased on expiry of ad-hoc arrangement which was limited to one year. Therefore it would not be said excessive if the punishment imputed on the Government servants under the jurisdiction of the Sr. Suptd. Of Post Office, Solapur by power exercising under rule 12 of the CCS (CCA) Rules 1965 during period of extension will automatically be ceased.
Please give your OPINION in yes or No. This opinion is sought as per the CHAPTER-I, section 2 ,(1) ,(f) of the RTI Act-2005.     

4.   MODE OF FEES PAID
IPO No.99E 734085 Denomination 10 attached with this application.

5.   MODE OF RECEIPT OF INFORMATION
By registered post.

PLACE: SOLAPUR
DATE:16.01.2012                   SIGNATURE OF APPLICANT

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